The teacher was given a good reference, was hired again on the basis of that reference and committed another sexual assault, a situation that mirrors that of Davis. In that case, there were no evidentiary hearings for the teacher, meaning that technically the sexual assault allegations were hearsay (McCord, 1999). In the Davis case, Herrera had resigned before the hearing could take place.
Thus, it is difficult to determine whether negligent referral occurred here. Mr. Steele had not proven in an evidentiary hearing that sexual assaults had taken place, nor had Mr. Herrera been convicted in a court of law. For his part, Herrera had denied the allegations. Had Mr. Steele relayed those allegations to a prospective employer, he may have exposed the County to a defamation suit from Mr. Herrera since no allegation against Herrera had actually been proven.
Decision Hold and Court's Claim
The Appeals Court reversed the lower court's decision. The court's claim is that "the plaintiff's allegations of negligent misrepresentation against Steele and Mochen state a viable claim for relief against the County. What this means is that the court sided with the plaintiff in this case. Steele owed a duty of care to Mesilla Valley Hospital to provide them with accurate information about Herrera. The glowing review that they provided in writing was not an accurate reflection of Mr. Herrera's...
Davis v. The Board of County Commissioners of Dona Ana County: Mariah C. Davis filed a lawsuit against Dona Ana County for injuries he suffered while a patient at Mesilla Valley Hospital. In the lawsuit, Davis accused Joe Herrera, an employee at the hospital, of sexually assaulting her. Furthermore, she alleged that the hospital hired Herrera on incompetent, favorable suggestions from Dana Ana County Detention Center where he was also investigated
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